Capital One credit card charges - a little help needed

[Onslowette]

Hi everyone,

I have a c.card with Capital 1. Taken out in 2006. Over recent months I have been struggling to pay and have made some payments late - i've actually been paying them whatever I can whenever I have it. Ie last month I made 3 seperate payments but they didnt quite cover the min payment. So have received a letter with charges etc. I was going to keep struggling to pay and keep the card going....but in the last 24hrs Ive received 19 calls from them....I refused to answer security question and they just call straight back.

 

Ive just printed off a "telephone harrassement" letter. Ive now deicded that I want to reclaim all the old charges on the account.

 

Ive got the bank charges template letter. Is it the same letter for c.cards just with the word "bank" changed or is it a different letter? Ive searched the site but keep going round in circles....

 

Any help appreciated & I will update the thread as things progress.

[**Tilly**]

Hi

 

Here is the template letter for credit cards.

 

Credit/Store Card Charges. Letter Template

[Onslowette]

Thank you so much! x

[maroondevo52]

I used the prelim from the templates libary, then the the LBA Tilly's posted.

[Onslowette]

Ive added up my charges and they total £120. May not seem much but is a lot of money to me as Im now not working and only currently in receipt of child benefit - not even getting tax credits due to a error on their part but thats another story!

All the charges are for £12 - is it still ok to send the letter off or should I amend it to mention that and Im in financial hardship? Sorry for all the questions, just want to make sure I get it right and dont make a fool of myself!

[maroondevo52]

Hi,

 

Credit Card charges have nothing to do with the 'test case', so there should be no need to mention Hardship.

 

Regards.

 

Scott.

[Onslowette]

Thanks!

[Onslowette]

Just an update on this one:

 

* following sending telephone harrassement letter calls did stop...until this week. Now Im getting approx 5 a day. The 1st one today I did point out the letter Id sent and said I will only communicate in writing. I was told " we dont care what you've said we will keep calling every day" Currently searching on here to which letter to send now

 

* charges......no reply to this letter at all.

[the_shadow]

Tsk Tsk Onslowette, dont you know times are hard... these firms cant afford to repay a massive(to them obviously) £120 :-D

 

Unfortunately Crapone only really take notice when the courts get involved.

 

For the telephone harrassment I'm afraid the most successful steps are either a) Truecall device (expensive:()

b) Changing your number

c) Taking them to court (risky:()

d) Pulling phone out/leaving off hook.

 

Right back to the charges, you need to send off a LBA (posted earlier I believe) so that you've given capital one two chance's to repay, attach a new schedule of charges and make your if claiming interest in restitution you have increased the interest for the 2 months that have passed. Give them 14 days to respond in the letter.

 

If nothing back after 14 days then a court claim will need to be filed,

 

This doc explains if you have to pay court fees--> HMcourts site

...and this one states how much the fees are depending on size of claim..--> HMcourts site

 

S.

[Onslowette]

Many thanks for the further advice. Am currently screening calls with ansaphone!

 

Will send another LBA letter - and obviously add the charges that they have added on for the past 2 months!!

Will see if they bother to reply......

[the_shadow]

Many thanks for the further advice. Am currently screening calls with ansaphone!

 

Will send another LBA letter - and obviously add the charges that they have added on for the past 2 months!!

Will see if they bother to reply......

 

TBH they ignored my first LBA and only replied to the 2nd one with an offer to pay 1/5 of the amount I was claiming. I issued the court proceedings and that changed

 

S.

[Bigdebtor]

TBH they ignored my first LBA and only replied to the 2nd one with an offer to pay 1/5 of the amount I was claiming. I issued the court proceedings and that changed

 

S.

 

PLEASE... TELL US MORE!!!!! What changed? Did you get 100% success?

[the_shadow]

PLEASE... TELL US MORE!!!!! What changed? Did you get 100% success?

 

I'm bound by a consent order of my own requesting...

 

Lets just say I'm happy with the outcome, I think I could have held out more but it was a more than fair result and I didnt want any markers left on my credit file

 

S.

[Bigdebtor]

Shadow - well done anyway. Is there nothing else you can share with us to help those just starting out against Capital One?

At least can you confirm if they agreed a generous short settlement without you needing to go to court in the end?

 

BD

[the_shadow]

Shadow - well done anyway. Is there nothing else you can share with us to help those just starting out against Capital One?

At least can you confirm if they agreed a generous short settlement without you needing to go to court in the end?

 

BD

 

My sole aim was to reduce my balance with mis-sold PPI and charges, this i achieved, I wasnt after a short settlement as that would be recorded on my credit file. I'm happy to continue paying the small balance that I have left...........for now

 

S.

[Onslowette]

Just another update on my case.

LBA letter sent by recorded post and have had a "looking into complaint letter".

 

Phone calls - after sending another harrassment letter I did receive a reply saying that legally they could telephone me once a week (which is fair enough but not 10+ times a day) and would continue to do so until arrangement made. They then said that as I had mentioned recording calls I must inform there staff of this at the beginning of calls.....

They are now calling about 4 times a day which is still too much but not as bad as before! But Im actually finding it quite amusing as I now say "I must inform you that I am recording this call" and they can't get off the phone quick enough lol.

[havinastella]

Just another update on my case.

LBA letter sent by recorded post and have had a "looking into complaint letter".

 

Phone calls - after sending another harrassment letter I did receive a reply saying that legally they could telephone me once a week (which is fair enough but not 10+ times a day) and would continue to do so until arrangement made. They then said that as I had mentioned recording calls I must inform there staff of this at the beginning of calls.....

They are now calling about 4 times a day which is still too much but not as bad as before! But Im actually finding it quite amusing as I now say "I must inform you that I am recording this call" and they can't get off the phone quick enough lol.

 

YOU do not have to inform their staff that you are recording the call!

 

Jogs

[Bigdebtor]

I think the key thing is that giving them the idea that the calls are recorded is curtting down the length and frequency of the calls!

 

What is of more relevance to me is the assertion that they are entitled to continue to call once a week - even if the harassment letter has been sent. Does anyone know if this is legally correct - or is it just another lie or bluff?

 

BD

[Onslowette]

Have today received a reply regarding the overlimit fees and default charges on the account. They have said

"The OFT hasn't challenged the rights of banks to charge default sums, just the level of these default sum. Capital One reduced the level of default sums from Sept 2006 to £12 each, following the publication of the OFT recommendation. Ive reviewed your account as as the default sums hat have been aplied to the account are £12 and correct, there is no refund to be given"

 

What do I do now??? Any advice Id be grateful.....Im sure they are wrong but am struggling as to what to do now...

[Charlick]

Hi everyone Ive just recieved the same letter from crap 1 but they are offering me £88 in settlement instead of the £457 I'm seeking. Is there another letter somewhere I can reply with.

[Bigdebtor]

Surely if they claim the charges are based on the cost of the "extra work" it's up to them to prove the costs. If you believe they owe more than your balance, sue them in the small claims court as they have always so far avoided having to prove the costs. I'm pretty sure they will settle at the 11th hour.

 

If they owe you less than your actual current balance why not tell them what you believe the balance to be (assuming you know they do have an enforceable CCA) and put the "account in dispute" so they have to suspend interest etc. until it's not in dispute. Your credit rating will be hit - although technically it shouldn't be by a dispute.

 

I remember seeing something in the new bank charges threads that an unfair charge is 100% unfair - not just the bit over £12 - so it should all be refunded.

 

Has anyone succeeded in getting the full charges (including the £12 bits) refunded recently?

 

BD

[maroondevo52]

Hi, Onslowette.

 

File your claim with your Local County Court, no one told them it was ok to charge £12, It's your money.

 

Cap 1 usually pay up when they get hit with Court papers.

 

Regards.

 

Scott.

[Bigdebtor]

I have just been through my Capital One statements and have paid out over £900 of unfair charges since I took the card out in mid 2000 - and I have only ever had a credit limit of £600! AND that is before I add contractual interest - which will take the amount I am due to over £2k I think (at around 25% APR).

 

Small Claims Court here I come!

 

I also note that they have changed the format of their statements twice in this time - firstly to hide the charges in among the purchases -and 2nd to hide the high monthly interest rate by changing to showing an annual apr! Or perhaps they just thought these changes were helpful to us?

[Old Cogger]

I have just been through my Capital One statements and have paid out over £900 of unfair charges since I took the card out in mid 2000 - and I have only ever had a credit limit of £600! AND that is before I add contractual interest - which will take the amount I am due to over £2k I think (at around 25% APR).

 

Small Claims Court here I come!

 

I also note that they have changed the format of their statements twice in this time - firstly to hide the charges in among the purchases -and 2nd to hide the high monthly interest rate by changing to showing an annual apr! Or perhaps they just thought these changes were helpful to us?

 

 

go for it.

[Onslowette]

Thanks for the advice. Looks like it the court route for me then. Although I may wait til next month to start the ball rolling....currently Id have to pay but OH is being made redundant (wonderful before xmas!!) so will have zero money and if Im thinking right - correct me if Im wrong - but I wouldnt have to pay then.....